My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.

Mark Bevir's The Logic of the History of Ideas has received considerable attention recently. This article highlights a new problem with his weak intentionalism. Bevir's weak intentionalism holds that on occasion the meanings readers ascribe to texts may trump the meanings the authors express in texts. The article uses the example of Hegel's theory of punishment. The received wisdom is that Hegel is a pure retributivist. Yet, this strays far from his text and stated views. We might think we should (...) keep to this text to uncover Hegel's views. However, Bevir's weak intentionalism has us side with how he has been read over what Hegel has said. This view is problematic as our meanings may well stray far from the texts, words or spirit. Thus, Bevir's weak intentionalism can fall victim to straying from the text when trying to interpret it. (shrink)

In this paper, we attempt to reconstruct Hegel’s theory of punishment through its development on the levels of abstract right and civil society, incorporating to the latter the concepts of contingency and arbitrariness. We demonstrate how the unjust is anulled and how right is restored under a retributive foundation of the penalty. We approach the issue of the death penalty and conclude that a retibutivist argument is insufficient to serve as its foundation.

This thesis provides a detailed analysis of the dialectic of conscience within Hegel’s Philosophy of Right. It aims to show that Hegel provides a fundamental role for conscience within the state and, thus, that Hegel preserves the right to subjective freedom within ethical life. In doing so, it aims to unite divided opinion on the role of conscience within Hegel’s political philosophy and to further disarm the charge that Hegel’s state advocates repressive or authoritarian political structures. In order to pursue (...) this argument, this thesis first examines the emergence of conscience within the morality section of the text. It presents the moral conscience as the fruition of subjective freedom; as possessing the right to produce its own convictions and determine for itself what is good. However, it then continues to highlight the necessarily formal nature of the moral conscience and claims that, because of this formality, the content of conscience is always contingent. As such, the moral conscience is always in danger of willing evil; and it is precisely this danger that necessitates the move into ethics. The moral conscience is sublated by the true, ethical conscience. This thesis presents its own reading of the Aufhebung from the moral conscience to the true conscience of ethical life, which it believes properly reflects the dialectical progression of freedom within the text. It argues that, during the process of Aufhebung, the essential moments of moral conscience are retained and only the negative aspects are lost. In particular, it claims that conscience’s right to produce its own convictions is preserved within ethical life, but that the contingency of conscience is not. As such, true conscience wills the good both in and for itself. This does not mean that true conscience cannot make mistakes. But it does entail that true conscience cannot put its own convictions beyond criticism. For this reason, this thesis also maintains that the formal conscience of morality, in its non-aufgehoben form, has no place within the ethical realm. This thesis locates true conscience’s function in the disparity between the actual and the existing state. It argues that, in recognising the rational principles inherent in society and by transforming the existing world to conform more faithfully to these principles, true conscience plays an essential role in keeping the state in line with its own, rational essence. However, it also maintains that this type of immanent critique extends only to reform, and not to not radical, social criticism. The thesis concludes by describing true conscience’s role in the legislative power. (shrink)